General Terms and Conditions and Customer Information (GTC)
I. General Terms and Conditions
§ 1 Fundamental Provisions
(1) The following terms and conditions apply to contracts concluded between you and us, Sea Magnet Global B.V. | Section E-Commerce | Berfloplein 16 | 7553 JZ Hengelo | The Netherlands, via the website https://www.germann-cbd.de. Unless otherwise agreed, the inclusion of any terms of your own is hereby explicitly rejected.
(2) A consumer, within the meaning of the following rules, is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a legally responsible partnership, acting in the exercise of their self-employed professional or commercial activity when entering into a legal transaction.
§ 2 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods. This is only possible for persons aged 18 or older. You have expressly acknowledged this upon your first visit to the shop.
(2) By publishing each product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the product description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart.” You can access the “shopping cart” at any time via the corresponding button in the navigation bar and make changes there.
After clicking the “Checkout” or “Proceed to Checkout” button (or similarly labeled) and entering your personal data and payment and shipping information, the order summary is displayed for final review.
If you use an immediate payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as a payment method, you will either be taken to the order summary page of our online shop or to the provider’s website of the respective immediate payment system.
If you are redirected to the immediate payment system’s website, please follow the on-screen steps to enter your payment details. Finally, the order data will be displayed again on the respective immediate payment system’s website or once you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to check and modify all the information in the order summary (also using the “back” function of your internet browser) or to cancel the order.
By sending the order via the corresponding button (“order with obligation to pay,” “buy” / “buy now,” “place binding order,” “pay” / “pay now,” or similarly labeled), you legally accept our offer, thus concluding the contract.
(4) Processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out via email, partly automated. It is your responsibility to ensure that the email address you provided is correct, that you can receive emails, and that these are not blocked by spam filters.
§ 3 Special Agreements Regarding Offered Payment Methods
(1) Payment via “Micropayment / Advance Payment”
If you select a payment method offered via “Micropayment / Advance Payment,” the payment process will be handled by the payment service provider Micropayment AG (Micropayment AG Hostattstrasse 5 6060 Sarnen Switzerland).
https://www.micropayment.ch/home/
If you choose the advance payment option, we will send you our bank details in a separate email, and the goods will be delivered after your payment is received.
§ 4 Right of Retention, Retention of Title
(1) You may exercise a right of retention only if it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price has been made.
§ 5 Warranty
(1) Statutory warranty rights apply for defects.
(2) If you have been informed thereof before submitting your contractual statement and this has been expressly and separately agreed, the limitation period for defect claims for used goods is one year from delivery of the goods. This limitation does not apply:
- to damages attributable to us arising from injury to life, body, or health, and in cases of willful or grossly negligent damages;
- if we have fraudulently concealed the defect or have given a guarantee for the quality of the goods.
(3) As a consumer, it is recommended that you check the goods immediately upon delivery for completeness, obvious defects, and transport damage, and promptly notify us and the shipping agent of any complaints. Failure to do so will not affect your statutory warranty claims.
(4) If any characteristic of the goods differs from the objective requirements, such difference shall only be deemed agreed if you were informed of it before submitting your contractual statement and that difference was expressly and separately agreed between the parties.
§ 6 Choice of Law & Place of Jurisdiction
(1) Applicable Law and Place of Jurisdiction These Terms of Use are governed by the laws of the Netherlands, excluding private international law. The exclusive place of jurisdiction for all disputes in connection with these terms and the use of this website is the Netherlands.
For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his or her habitual residence is not withdrawn (favorability principle).
(2) The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) are explicitly excluded.
II. Customer Information
1. Identity of the Seller
Sea Magnet Global B.V.
Email: kontakt@german-cbd.de
Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
We are neither willing nor obligated to participate in dispute resolution procedures before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps involved in concluding the contract, the conclusion itself, and the correction options are governed by the provisions in the “Conclusion of the Contract” section of our General Terms and Conditions (Part I).
3. Contract Language and Archiving
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before sending the order via the online shopping cart system, you can print or electronically save the contract data using your browser’s print function. Once we have received your order, we will email you the order details, the legally required information for distance contracts, and our General Terms and Conditions.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and Payment Terms
5.1. The prices stated in the respective offers, as well as any shipping costs, are total prices. They include all price components, including all applicable taxes.
5.2. Shipping costs are not included in the purchase price. They can be viewed via the appropriately labeled button on our website or in the respective offer, are shown separately during the order process, and are to be paid by you unless free shipping is promised.
5.3. Any costs for money transfers (transfer or exchange fees charged by the banks) are borne by you if the delivery is made to an EU member state but the payment is initiated outside the European Union.
5.4. The available payment methods are indicated via a corresponding button on our website or in the respective offer.
5.5. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are immediately due.
6. Delivery Terms
6.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found on the corresponding button on our website or in the respective offer.
6.2. If you are a consumer, the law states that the risk of accidental loss and accidental deterioration of the goods sold passes to you only upon receipt of the goods, regardless of whether the shipment is insured or not. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to execute the shipment.
7. Statutory Warranty Rights
Liability for defects is subject to the “Warranty” section of our General Terms and Conditions (Part I).
These GTC and customer information have been created by the IT law experts at Händlerbund and are continuously checked for legal conformity. The Händlerbund Management AG guarantees the legal security of these texts and assumes liability in the event of warnings (Abmahnungen). You can find more information at https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last update: 21/08/2024